Credit card debt in California | California Courts (2024)

FAQs

What happens to unpaid credit card debt after 7 years in California? ›

Under the Fair Credit Reporting Act (FCRA), most negative information, including unpaid credit card debt, must be removed from your credit report after seven years.

Documentation is then sent to your employer, instructing them to withhold the specified amount from your paycheck. This court order process adds a layer of legal protection for the debtor. Different types of wage garnishments include credit card debt, student loan debt, tax debt, and unpaid child support.

In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

If you continue to ignore your debts instead of settling them, the debt collector might send you a court summons.

California Coerced Debt: California SB 975, for debts incurred after July 1, 2023, requires a collector to cease collection until it completes a review when the debtor provides documentation and a sworn statement that the debt was coerced. A person who coerces a debt is civilly liable.

Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail.

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

The California statute is called the Rosenthal Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process.

Can I go to jail if I don't pay my credit card debt? NO. You cannot go to jail simply for failing to pay your credit card debt. It is also illegal for creditors or debt collectors to threaten you with arrest or any kind of criminal penalty to try to get you to pay.

How long before credit card debt is uncollectible? ›

The amount of time that a debt collector can legally pursue old debt varies by state and type of debt but can range between three and 20 years. Each state has its own statute of limitations on debt, and after the statute of limitations has expired, a debt collector can no longer sue you in court for repayment.

Most companies don't take legal action until an account has been past-due for six months or more. Whether or not you get sued depends on the amount of debt you have, too. Generally speaking, you're less likely to be sued if you owe less than $2,000 and more likely to be sued if you owe more than $2,000.

Outside of bankruptcy or debt settlement, there are really no other ways to completely wipe away credit card debt without paying. Making minimum payments and slowly chipping away at the balance is the norm for most people in debt, and that may be the best option in many situations.

Although the unpaid debt will go on your credit report and have a negative impact on your score, the good news is that it won't last forever. After seven years, unpaid credit card debt falls off your credit report. The debt doesn't vanish completely, but it'll no longer impact your credit score.

After six years of dormancy on a debt, a debt collector can no longer come after and sue you for an unpaid balance. Keep in mind, though, that a person can inadvertently restart the clock on old debt, which means that the six-year period can start all over again even if a significant amount of time has already lapsed.

In general, most debt will fall off of your credit report after seven years, but some types of debt can stay for up to 10 years or even indefinitely. Certain types of debt or derogatory marks, such as tax liens and paid medical debt collections, will not typically show up on your credit report.

If you cannot pay your credit card, your account will generally be “charged off.” This means that that the credit card company can refer the account to collections. Collections can refer the account to the credit card company's in-house collections department or sell the account to a debt collection company.